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Home My WebLink AboutSCHAULIN ANNEXATION & ZONING - 6-98 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSAZT'A1Cwettr I C ' ATTORNEY CERTIFICATION I, N A • iv"o an attornev licensed to practice in the State of Coloradd,Uhereby certify that I have examined the records of the Clerk and Recorder of Larimer County, Colorado, and have verified that the signers of the attached Annexation Petition are owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in the area proposed for annexation and own more than 50% of the land in said area, exclusive of streets and alleys. a.�, nature A� VV Q�j._ �lo. ) 9 `Ij Jkkkd'yy zL 197E Date n A1TACOMEWT /S% STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The undersigned being first duly sworn upon his oath states: That he was the circulator of the attached petition for annexation and that each signature therein is the signature of the person whose name it purports to be. Frederick S. Schaulin Circulator's Signature a'i ��A - Subscribed and sworn to before me this 2F-th J"day of January 19 98 by FFCAc-c I cK S - Scha�A ia) Witness my hand and official seal. My Commission expires: ! — LI - � OO I c QaJL�//, Notary Public 0 ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: DESCRIPTION: TRACT ONE A portion of the SW 1/4 of Section 7, Township 7 North, Range 68 West of the 6th P.M., which considering all bearings relative to those as shown on the plat of the East Mulberry Subdivision, is included within the boundary lines which begin at the SE corner of Lot 2, Block 1, East Mulberry Sub- division, Larimer County, Colorado, and run thence S. 00 degrees 34' W. 503.59 feet; thence S. 89 degrees 23' W. 243.23 feet; thence N. 00 degrees 24' E. 503.59 feet to the SW corner of said Lot 2; thence N. 89 degrees 23' 30" E. 244.70 feet to the point of beginning, County of Larimer, State of Colorado. containing 2.82 acres more or less. DESCRIPTION OF TRACT TWO (including Right -of -Way) A tract of land situate in the Southwest 1/4 of Section 7, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado which considering the South line of the said Southwest 1/4 as bearing N 89' 23' E and with all bearings contained herein relative thereto is contained within the boundary line which begins at a point which bears N 71 ° 34' E 1324.90 feet and again N 00°24' E 410.98 feet from the Southwest corner of said Section 7 and run thence N 00° 24' E 503.59 feet; thence N 89' 23' E 120.12 feet; thence N 00' 38' E 844.91 feet to a point on the Southerly line of Lincoln Avenue; thence N 29' 10' 30" E 100.00 feet; thence S 600 49' 30" E 22.76 feet along the Northerly line of Lincoln Avenue; thence S 290 10' 30" W 100.00 feet to the Southerly line of Lincoln Avenue; thence S 00' 38' W 833.59 feet; thence S 00° 24' W 503.59 feet; thence S 89' 23' W 140.12 feet to the point of beginning; containing 2.05 acres more or less. 1- Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A" as more particularly described below: A tract of land situate in the County of Larimer, State of Colorado to -wit: [legal description of individual parcels, or if only one ownership, then type "See Legal Description on Attachment 'A'."] SEE LEGAL ON ATTACHMENT 'A' 7� IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this day of 199. � 1 Petitioner's/ wner's Signature Petitioner's/Owner's Signature Address C, &)52 9 City State Zip Address City State Zip - 'Z_ 01 PETITION FOR ANNEXATION The UNDERSIGNER (hereinafter referred to as the "Petitioners') hereby petition the Council of the City of Fort Collins, Colorado, for the annexation of an area, to be referred to as the SCHAULIN Annexation to the City of Fort Collins. Said area, consisting of approximately ( 4_8 ) acres, is more particularly described on Attachment "A", attached hereto. u ," The petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the petitioners herein comprise more than fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict) pursuant to Section 37-45-136(3.6), C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, 20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant the Article X, 20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A". Furthermore, the Petitioners request that said area be placed in the I - INDUSTRIAL Zone District pursuant to the Land Use Code of the City of Fort Collins.- SCHAULIN ANNEXATION TO THE CRY OF FORT CW S, COUNTY OF LARDAElt, STATEOFCDIORADO A PORTION OF THE SOUDIWEBT QUARIT mSECTION f, � T NORTN, RANOR 66 NR3F OP TNB 6TN PM. A e.a..dbaw wda®ml.rmmeleb:q Rw. d b eu eAa,.Pa e®o.m.0 aenbP laa:, n � n eo.. mbiW dbbYMimY 9:YYwuT h 1siW Nbnbbryy mwha e.rhbaemmd lay.)umh 1,xwewe.,yalP. •NYm. WleatblvY. EtivW, ul,m,Em a W �m N' W WJA Y(ILmuS N4yq U' W. MS)hq boH.nywq N'E WJ %6Tb Wo 9W mrdmxf WY.WmNM3bp vr e NS.nrnbpm dty®�cl.m)d).:,.m.5r AND x555vmvawrewcrlwolimiwlry P,pua wnl mndl.mhmq,gbsgxnwml va ds.<ao::l. T..mmPlmaamwee wm er ,Gv W eM.. 4"mm Cm,Y. GluWb vl:if: un,iYnry Ys SwA Ime Mue,uE SwNwu Emnaxea� xJ Eme r:la hi m..:.w,�.im I.ai. 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SCF LE - 6JF2 5 [T:OU t*t LIN ANNEXATION _C A' o� �O 00 hC � CA .. 44f LDC 1$ r U 11T I.. LOT L J P'•uwr-...wet (PMSi T Lft -T ZryU- r- TLLAGT ONE ..�. WNIIgMUS N11N EDRr COWHS aM1 111Bi6 ^ RONRBAC ER PUD - nor s � SLOT ] E. MAGNOLIA STREET "I 5A IV iGOLF COURSE VICINITY MAP #6-98 Schaulin Annexation &Zoning 01 /28/98 1"= 600' No Text Schaulin Annexation and Zoning, #6-98 April 2, 1998 P & Z Meeting Page 3 All commercial signs on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period (the year 2003). However, the Sign District Map adopted pursuant to Section 29-593.1 of the Code of the City of Fort collins will be amended to show that the subject property is not included in the Residential Neighborhood Sign District. 2. Zonin : The petitioner requests that the subject property be zoned I, Industrial in the City of Fort Collins. The Industrial District is intended to provide a location for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, a wide range of commercial and industrial operations. The request for I, Industrial Zoning is consistent with City Plan and Structure Plan. 3. Compliance with State Law As mentioned, the annexation has 53.38% of its perimeter boundary contiguous with existing city limits which exceeds the minimum one -sixth (16.6%) as required by State law. FINDINGS OF FACT / CONCLUSION: 1. The Schaulin Annexation is consistent with the policies and agreements between Larimer County and the City of Fort Collins, as contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The Schaulin Annexation meets all criteria included in State law to qualify for annexation by the City of Fort Collins. 3. The requested zone district, I - Industrial, is in conformance with the City's Comprehensive Plan (City Plan) and the City Structure Plan. 4. On March 3, 1998, the City Council approved a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend to City Council approval of the Schaulin Annexation with I - Industrial zoning. Schaulin Annexation and Zoning, #6-98 April 2, 1998 P & Z Meeting Page 2 COMMENTS: Background: The applicant/owner, Mr. Fred Schaulin, has submitted a written petition requesting a 100% voluntary annexation and zoning of 4.82 acres (4.87 acres including E. Lincoln Avenue right-of-way) known as the Schaulin Annexation. The property is located approximately 1,000 feet east of Lemay Avenue; between East Lincoln Avenue and E. Magnolia Street and consists of two adjacent parcels. The western parcel is 2.00 acres in size and is currently zoned 1-1, Industrial in Larimer County. The eastern parcel is approximately 2.82 acres in size and is currently zoned I, Industrial in Larimer County. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will consider the annexation of property in the UGA when the property is eligible for annexation according to State law. On March 3, 1998, the City Council approved a resolution which accepts the annexation petition and that the petition is in compliance with State law. The property has 1,951.97 feet of its total 3,656.61 feet boundary (53.38%) contiguous to existing City limits, exceeding the minimum 609.44 feet required to achieve 1/6th contiguity. Contiguity to existing city limits is gained from the following common boundaries: S: Rohrbacker Annexation (March 13, 1990). W: Fisher-Lemay Second Annexation (September 18, 1984) and Fisher Lemay Third Annexation (August 15, 1995). The surrounding zoning and land uses are as follows: N: C, Commercial (City); vacant (Lemay Crossing ODP). I, Industrial (County); existing light industrial uses (Downtown Fort Collins Airpark and East Mulberry Subdivision). S: I, Industrial (City); existing auto salvage yard (Rohrbacker PUD). E: I, Industrial (County); existing light industrial uses (East Mulberry Subdivision). W: C, Commercial (City); vacant (Lemay Crossing ODP). ITEM NO. 10 MEETING DATE 4/2/98 STAFF Mike Ludwig Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: APPLICANT: OWNER: Schaulin Annexation and Zoning, #6-98 Frederick S. Schaulin 215 Block Drive Fort Collins, CO 80524 Same as Applicant. PROJECT DESCRIPTION: 5M y' .1 1% UT-1 Ccv- K (_ FhCXET Foe e a REC0mvGN0AT10& This is a request to annex and zone a total of 4.87 acres (including E. Lincoln Avenue right-of-way) located approximately 1000 feet east of Lemay Avenue; between East Lincoln Avenue and E. Magnolia Street. The subject property consists of two adjacent parcels. The western parcel is 2.05 acres in size and is currently zoned 1-1, Industrial in Larimer County. The eastern parcel is approximately 2.82 acres in size and is currently zoned I, Industrial in Larimer County. The petitioner requests that the subject property be zoned I, Industrial in the City of Fort Collins. RECOMMENDATION: Approval. EXECUTIVE SUMMARY: This is a 100% voluntary annexation. The property has 1,951.97 feet of its total 3,656.61 feet boundary (53.38%) contiguous to existing City limits, exceeding the minimum 609.44 feet required to achieve 1/6th contiguity. The requested zoning, I - Industrial, complies with Structure Plan. The initiating resolution was passed by City Council on March 3, 1998. The item is scheduled for first reading by City Council on April21, 1998. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT